Allahabad High Court
Poonam Dwivedi And Another vs State Of U.P. And 3 Others on 2 August, 2019
Bench: Ramesh Sinha, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 1243 of 2019 Petitioner :- Poonam Dwivedi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Thakur Prasad Dubey,Shri Krishna Mishra Counsel for Respondent :- G.A.,Mukesh Kumar Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Order on Criminal Misc. Recall Application Heard Sri Shri Krishna Mishra, learned counsel for the applicants, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the material brought on record.
This is a recall application which has been filed on behalf of the applicants seeking recall of the order dated 11.07.2019 passed by this Court.
Perusal of the ordersheet shows that on 11.07.2019, present writ petition was dismissed for want of prosecution.
Keeping in view the submissions of learned counsel for the applicants and also in view of the averments made in the instant application, the order dated 11.07.2019 is hereby recalled and in its place, following order is being passed:-
Heard Sri Shri Krishna Mishra, learned counsel for the petitioners, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the material brought on record. No one is present on behalf of the private respondent even in the revised reading of the list.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 27.12.2018 registered as case crime no. 1371 of 2018 under sections 147, 323, 504, 506, 354B I.P.C. police station Chakeri, District Kanpur Nagar.
On going through the FIR, we are satisfied that no case is made out to quash the same. The contents of the report discloses commission of non-compoundable offence that demands investigation. It would be also be appropriate to state that prima facie we are also not satisfied that it is necessary to meet the ends of justice to quash the FIR and further that the investigation required to be made shall be abuse of the process.
In light of whatever stated above, we are not inclined to quash the FIR.
The petitioners have also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition for writ. In our opinion, when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner/s is/are having an efficacious remedy by way of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail apprehending arrest.
The petitioner/s may avail such remedy if so advised. As there appears to be an interim order passed in this petition by Co-ordinate Bench of this Court on 22.01.2019 staying arrest of the petitioner/s, the same shall remain continue till 15.08.2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 10.08.2019.
With the aforesaid observations, the present recall application is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 2.8.2019 Anand